State objects to involvement of couples in litigation against Montco register of wills

By Margaret GibbonsStaff writer

Thursday

Aug 29, 2013 at 12:01 AM

The state asked the Commonwealth Court to bar 32 same-sex couples from intervening in litigation it has filed against Montgomery County Register of Wills D. Bruce Hanes to end his practice of issuing marriage licenses to same-sex couples.

The state in its petition, filed Wednesday, said that the couples, all whom were issued licenses by Hanes’ office, have “no legally enforceable interest” that would allow them to intervene in the case.

In their petition to intervene that was filed earlier this month, the couples said they were seeking “to defend their marriages and the validity of their marriage licenses from the (state’s) ongoing discrimination against same-sex couples.”

However, in its response, the state said its battle is only with Hanes, whose July 23 decision to begin issuing marriage licenses to same-sex couples violates state law that defines marriage as a civil contract between a man and a woman.

Hanes has maintained that, when he was sworn into office, he took an oath promising to uphold the U.S. and state constitutions, both of which promise equal protection to all. The state’s law limiting marriage to individuals of the opposite sex is unconstitutional, according to Hanes.

The Commonwealth Court is scheduled to hear oral arguments in the case Sept. 4 in Harrisburg.

Among the legal issues that will be debated are whether Hanes can use the alleged unconstitutionality of the state law as a defense for ignoring that law, whether the Commonwealth Court has jurisdiction in the matter, whether the state Department of Health has legal standing to file the litigation and, if not, is it up to the state Attorney General’s Office to bring the challenge.

To date, the county has issued a total of 154 marriage licenses to same-sex couples since Hanes’ historic but state law defying decision. Of the 154, 85 have been used in marriages of same-sex couples who are primarily from the county and the southeast section of the state but also includes couples from as far away as Pittsburgh.